MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division A

By: Senator(s) Blackmon

Senate Bill 2136

AN ACT TO AMEND SECTION 25-3-105, MISSISSIPPI CODE OF 1972, TO ENACT THE MISSISSIPPI PAID FAMILY AND MEDICAL LEAVE ACT; TO PROVIDE SIX WEEKS OF PAID PARENTAL LEAVE TO EMPLOYEES IN THE STATE OF MISSISSIPPI AS LONG AS THE EMPLOYEE IS THE PRIMARY CAREGIVER OF A CHILD; TO PROVIDE TWO WEEKS OF PAID MEDICAL LEAVE TO EMPLOYEES IN THE STATE OF MISSISSIPPI; TO DEFINE THE TERMS "EMPLOYER," "PAID MEDICAL LEAVE," AND "SERIOUS HEALTH CONDITION"; TO CONFORM; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 25-3-105, Mississippi Code of 1972, is amended as follows:

     25-3-105.  (1)  This section shall be known and may be cited as the "Mississippi * * * State Employees Paid * * * Parental Family and Medical Leave Act."

     (2)  As used in this section, the following terms shall be defined as provided in this subsection:

(a)  "Eligible employee" means a person * * * who has been employed * * * by in the State of Mississippi * * * or any agency, department or institution of the state for a minimum of twelve (12) consecutive months in a position for which he or she is compensated on a full-time permanent basis by an employer and, for the purposes of paid parental leave, who is the primary caregiver of a child.

          (b)  "Employer" has the meaning assigned under 29 U.S.C § 2611(4).

          (c)  "Paid medical leave" means the compensated absence from work provided to an eligible employee for any of the following qualifying events:

(i)  A personal serious health condition;

(ii)  The serious health condition of a family member or dependent; and

(iii)  The care of an injured member of the military or national guard.  For purposes of this section, a member of the military or national guard includes any person within the definitions of Section 33–1–1.

          ( * * *bd)  "Paid parental leave" means the compensated absence from work provided to an eligible employee for any of the following qualifying events:

              (i)  The birth of the employee's biological child; or

              (ii)  Legal adoption of a child under eighteen (18) years of age.

          ( * * *ce)  "Primary caregiver" means the parent who has the primary responsibility for the care of a child following the birth or adoption of a child.

(f)  "Serious health condition" has the meaning assigned under 29 U.S.C § 2611(11).

     (3)  An eligible employee who is the primary caregiver of a child shall be entitled to receive six (6) weeks (two hundred forty (240) hours) of paid parental leave compensated at one hundred percent (100%) of the employee's regular salary, to be used to care for the child after the birth or adoption of the child.

     (4)  The paid parental leave provided under this section must be taken within twelve (12) weeks of the birth or adoption of the child.  Paid parental leave may be taken only once in a period of twelve (12) months.

     (5)  An eligible employee shall be entitled to receive two (2) weeks (eighty (80) hours) of paid parental leave compensated at one hundred percent (100%) of the employee's regular salary, to be used for a paid medical leave qualifying event.

     ( * * *56)  The paid parental or medical leave provided under this section shall be in addition to other leave benefits available to state employees by state or federal law and shall not be counted against accrued personal leave or major medical leave under Sections 25-3-93 and 25-3-95.  The paid parental or medical leave shall run concurrently with any leave provided to an eligible employee under the federal Family and Medical Leave Act (FMLA) where applicable.  Legal state and federal holidays shall not be counted against the paid parental or medical leave.  The paid parental or medical leave shall not be accrued or carried over or used for retirement purposes and is not payable upon separation from state service.

     ( * * *67)  An eligible employee requesting the paid parental leave under this section shall give notice at least thirty (30) calendar days before the anticipated leave start date, where foreseeable, to the employee's supervisor and human resources manager and shall follow the employer's usual procedures for notification and documentation.  If advance notice of thirty (30) days is not possible due to exigent circumstances, the employee shall notify the employee's supervisor and human resources manager at the earliest available opportunity and shall follow the employer's usual procedures in doing so.  For state employees, the use of paid parental leave may be restricted due to public safety concerns, at the discretion of the employee's agency head.

     ( * * *78)  (a)  On July 1, 2026, and every July 1 after, each state agency, department or institution shall submit to the State Personnel Board a report on the use of the paid parental leave provided under this section by the eligible employees of the agency, department or institution for the preceding fiscal year.

(b)  On July 1, 2027, and every July 1 after, each state agency, department or institution shall submit to the State Personnel Board a report on the use of the paid medical leave provided under this section by the eligible employees of the agency, department or institution for the preceding fiscal year.

     ( * * *89)  The State Personnel Board shall develop and implement policies and procedures necessary to administer the provisions of this section, including, but not limited to:

          (a)  Establishing processes for leave requests for and approvals of taking paid parental leave;

          (b)  Defining documentation requirements to substantiate eligibility for paid parental leave; and

          (c)  Ensuring compliance with applicable state and federal laws.

 * * * (9)  The board of trustees of any public school district and the board of trustees of any community or junior college district is authorized to adopt a policy, in addition to any other leave policies of the district, to provide for paid parental leave for employees of the district that includes the same or substantially the same provisions as those of the Mississippi State Employees Paid Parental Leave Act.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2026.

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